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Alimony Archives

What does a judge consider when making an alimony award?

Contrary to what many paying spouses may think, alimony is not intended to penalize the paying spouse for deciding to move forward in divorcing their husband or wife. It's instead intended to help equalize the playing field between one spouse and another, especially when there's a disparity in income between the two.

How is Florida alimony calculated?

In some jurisdictions, child support awards are determined using a formula whereby one parent's income, the amount of children he or she has and other factors may affect how much the other one is ordered to pay. While modifications can be made in some cases outside of the formula based on extenuating circumstances, in most cases, rates remain relatively the same.

How will the tax changes to alimony affect divorcing couples?

Just before their holiday break, Congress passed and President Trump signed the much-talked-about and highly-debated tax reform bill. Among the changes in the sweeping bill is that alimony will no longer be a factor when divorced people file their income taxes, whether they are paying it or receiving it. It will be a non-issue to the Internal Revenue Service, just like child support is.

Instances in which you can request alimony modifications

In order for a spouse to get the amount of alimony he or she has to pay his or her ex reduced, it often requires him or her to show that he or she experienced a decrease in the amount of pay brought in on a regular basis. In contrast, for a recipient spouse, he or she may be able to request a judge to modify the amount of spousal support that he or she receives based on increased need for more.

How a prenup can help a breadwinner spouse avoid paying alimony

If you work in a field that required you to work hard to get to where you're at, then most likely you want to protect as many of assets from being split up if you and your spouse divorce. One of the best ways to ensure that what you have worked so hard to amass doesn't get lost is to draft a prenuptial agreement before you get married.

Factors that impact alimony awards in Florida

In Florida, state statute 61.08 describes alimony as having the purpose of bridging the gap as a spouse moves from being co-dependent on their husband or wife to being self-supporting. These support payments are rarely ordered to be paid long-term. Instead, a judge takes into account a number of different considerations when deciding how much spousal support to award either the husband or wife.

Tax implications associated with receiving alimony

While alimony can help you bridge the gap as you attempt to get back on your feet after a divorce, it's important to keep in mind that the receipt of these funds carries with it many tax obligations as well. Although property settlements or child support are both non-taxable, alimony is the complete opposite.

Do you need document backup when asking for spousal support?

While you don't always need as many documents as you might think to file for spousal support, it does help to come prepared. If you think you might file for spousal support of any type during or after a divorce, consider gathering some information ahead of time. When you meet with a lawyer, you'll already be somewhat prepared with documents and data, which can speed up the process. Here are some common documents you might need when filing for alimony or support.

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Thompson Family Law, P.A.
3949 Evans Avenue, Suite 206
Fort Myers, FL 33901

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